MALDONADO v. 106th ST. HOUSES, INC.

Docket No. 105155/11, Motion Seq. Nos. 002.

2012 NY Slip Op 32903(U)

ALBERTO MALDONADO, Plaintiff, v. 106th STREET HOUSES, INC., FIFTH AND 106th STREET ASSOCIATES, ROBERT W. SEAVEY, FIFTH AND 106th STREET HOUSING COMPANY, LLC, DALTON MANAGEMENT CO., LLC, ATLAS CONSTRUCTION OF NEW YORK, INC., EVEREST SCAFFOLDING INC., and THE CITY OF NEW YORK, Defendants.

Supreme Court, New York County.

Filed November 20, 2012.


Attorney(s) appearing for the Case

Adam S. Ashe, Esq. , Law Offices of Ami Morgenstern, 40-17 Broadway, PO Box 3223, LIC, NY 11103-0223, for plaintiff.

Cheryl Fuchs, Esq. , Wade Clark Mulcahy , 111 Broadway, 9th Fl., New York, NY 10006, 212-267-1900, for Everest.

Jennifer Herscovici , ACC, Michael A. Cardozo , Corporation Counsel, 100 Church St., New York, NY 10007, for City.

Roy Itzkowitz, Esq. , Gannon, Rosenfarb et al., 100 William St., 7th Fl., New York, NY 10038, 212-655-5000, for Fifth/Seavey/Dalton.

Jamie T. Packer, Esq. , Nicoletti Gonson et al., 555 Fifth Ave., 8th Fl., New York, NY 10017, 212-730-7750, for Atlas.


DECISION AND ORDER

BARBARA JAFFE, Judge.

By notice of motion dated December 27, 2011, defendant City moves pursuant to CPLR 3212 for an order summarily dismissing the complaint and all cross claims against it. Plaintiff and defendants Fifth and 106th Street Associates (Fifth), Robert W. Seavey, and Dalton Management Co., LLC (Dalton) (collectively, Fifth) oppose.

By notice of cross motion dated March 9, 2012, defendant...

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